Steinbach v. Brant

• Decision Date: 08 May 1900
• Citation: 82 N.W. 651,79 Minn. 383
• Court: Minnesota Supreme Court
• Parties: STEINBACH v. BRANT (CHICAGO, ST. P., M. & O. RY. CO., Garnishee; SIOUX TRUST CO., Intervener).

79 Minn. 383

82 N.W. 651

STEINBACH

v.BRANT (CHICAGO, ST. P., M. & O. RY. CO., Garnishee; SIOUX TRUST CO., Intervener).

Supreme Court of Minnesota.

May 8, 1900.

Appeal from district court, Watonwan county; M. J. Severance, Judge.

Action by Peter Steinbach against John Brant. Garnishment against the Chicago, St. Paul, Minneapolis & Omaha Railway Company, and the Sioux Trust Company intervenes. Judgment for claimant was reversed in the district court. From an order denying a new trial, claimant appeals. Affirmed.

Syllabus by the Court

An assignment of wages to become due, without limit as to amount or time, and without acceptance by the employer, and without notice to an attaching creditor, is void as to such creditor. F. B. Robinson and W. S. Hammond, for appellant.

Ashley Coffman, for respondent.

LEWIS, J.

In proceedings in garnishment instituted by plaintiff in the justice court, the garnishee was served with the summons on the 6th day of January, 1899, and appeared on the return day, January 14, 1899, and disclosed that it was indebted to defendant, Brant, in the sum of $91.41, and stated that the Sioux Trust Company claimed the money under a written assignment, and demanded that the claimant be made a party. This was done, and claimant appeared, and answered that it was the owner of the money, under a written assignment. A hearing was had upon the pleadings, and judgment was rendered for the claimant for the sum of $72.05 damages and $7.99 costs. Plaintiff appealed to the district court upon questions of law alone. In the district court the judgment was reversed, and judgment was ordered for the plaintiff and against the garnishee for the sum of $91.41. From an order denying its motion for a new trial, claimant appeals.

The return from the justice court shows that defendant, Brant, was in the employ of the garnishee from October 6, 1898, continuously up to the time of the service of the garnishee summons. January 6, 1899; that on the day of such service the garnishee was indebted to defendant in the sum of $82.77, which he had earned as wages in December, 1898, and $8.64 which he had earned in January, 1899. It also appeared that Brant had drawn his pay direct from the company every month from the date of the assignment. The return shows that claimant proved Brant's signature to the assignment, but no evidence was offered either as to the consideration of the assignment, or as to the nature of the contract of employment of defendant by the garnishee, or as to whether anything was actually due claimant at the time of the service of the garnishment. The claimant bases its claim to the money wholly upon the written assignment, which is as follows (Exhibit A):

‘State of Iowa, Woodbury County-ss.: For value received, I hereby sell, assign, and transfer to the Sioux Trust Company my claim against the C., St. P., M. & O. Railway Company for wages now earned and to be earned, due and to become due. And I do hereby represent, guaranty, and do solemnly swear that I am now employed by the said railroad company as conductor, and that there are no other assignments, liens, or garnishments against me or my wages, and that there is now due me from said railway company the sum of $120.00; and I fully understand that I am making this affidavit for the purpose of effecting the above sale of my claim against said railway company. Residence, St. James, Minn.

J. W. Brant.

‘Subscribed and sworn to before me this 6th day of October, 1898. _____, Notary Public.

‘Filed Feb. 23, '99. W. E. Allen, Justice of the Peace.’

This instrument contains the words ‘for value received,’ and those words import a consideration, and it was not necessary to prove it. Frank v. Irgins,...